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Back to School, Back to Advocacy…and Better Late Than Never

Welcome to our September Newsletter. We know this issue is reaching you later than usual, as we’ve been busy getting our own children ready for the new school year while also working tirelessly for our clients with pendency to ensure their services remain uninterrupted.

As the new school year begins, families face fresh challenges and opportunities in special education. This month, we’re highlighting key reminders about IEP implementation, mental health wins, and the importance of strong transition planning for older students. Our goal is to equip parents and professionals with the tools to ensure every child receives the support they are entitled to from day one.

-Ariel & Chris

Firm News

Employee Spotlight: Elizabeth Deoleo

We Have a Writer in Our Midst

Partner Chris Barnett is not only an experienced advocate in special education but also a dedicated writer and father. His new book, Where the Map Ends: A Parent’s Guide to Navigating New York’s Special Education Jungle, provides parents with straightforward, practical guidance to navigate IEPs, school meetings, and the maze of red tape. Designed as a hands-on resource, it offers clarity and encouragement to help families feel confident and prepared—without offering legal advice.

In Your Advocacy Backpack

Preliminary Approval Granted in Children’s Medicaid Mental Health Settlement

C.K. v. McDonald & Sullivan – Preliminary Settlement Summary

On August 18, 2025, Judge Nusrat J. Choudhury of the Eastern District of New York preliminarily approved a proposed class action settlement in C.K. v. McDonald & Sullivan. The case challenges New York State’s Medicaid mental health system for children.

Under the agreement, New York must:

• Redesign and expand services: Ensure timely statewide access to intensive home- and community-based mental health services, including Intensive Care Coordination, Home-Based Behavioral Health, and Mobile Crisis Services.

• Strengthen infrastructure: Reform provider standards, service eligibility, referral pathways, reimbursement structures, and oversight mechanisms.

• Quality and accountability: Implement quality improvement measures, expand public reporting, and undergo ongoing monitoring.

• Independent oversight: An Independent Reviewer will oversee implementation, mediate disputes, and submit annual reports to the court.

The State has up to 18 months to bring new standards and systems into effect. A fairness hearing is scheduled for January 6, 2026, after which the court will decide whether to grant final approval.

For students turning 15 and older, transition planning is not just a best practice—it’s a legal requirement under the Individuals with Disabilities Education Act (IDEA). Every IEP must include measurable post-secondary goals and the services necessary to help the student achieve them. These goals should address education or training, employment, and, where appropriate, independent living skills.

Too often, transition planning is treated as a checklist exercise. In reality, it is one of the most important parts of a student’s IEP. A strong plan can open doors to meaningful opportunities after high school, while a weak plan risks leaving students unprepared for adult life. Parents should ask whether their child’s IEP includes a vocational assessment, community-based learning experiences, and explicit skill-building around daily living, job readiness, or college preparation.

Districts are responsible for providing transition services in a coordinated, student-centered way. This means schools must not only outline goals but also deliver real supports—such as work-based learning programs, travel training, internships, and counseling about higher education or workforce options. When these services are missing or delayed, parents have the right to push back through an IEP meeting or, if necessary, due process.

As the new school year begins, now is the time for families to review whether their child’s IEP sets them up for success after graduation. Transition planning should not wait until the final year of high school. By starting early and monitoring progress each year, families can ensure that students with disabilities leave school with the skills and supports they need for the next stage of life.

A new school year is the time to check that your child’s IEP is being fully implemented. Make sure related services are scheduled, accommodations are in place, and specialized instruction is happening as written.

Warning signs include missed sessions, delays in starting services, or staff unfamiliar with the IEP. Document what you see and raise concerns in writing right away.

If the IEP is not followed, parents can request a reconvene meeting and demand corrective action. Speaking up early helps protect your child’s right to a free appropriate public education and ensures the school year starts on the right track.

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✏️ Tip of the Month: Documentation is Power

Keep a communication log. Each time you email, call, or meet with the school, note the date, time, and what was discussed. A simple notebook, spreadsheet, or email folder works. Consistent records make it easier to spot patterns, follow up on promises, and build a clear record if disputes arise.